9
9.
That, even though the Court appreciates the actions adopted by the State to
comply with the provisional measures ordered in this case, the acts of violence that
have occurred while these measures have been in force reveal the need to continue
adopting immediately effective measures of protection; hence, the Court deems it
appropriate to maintain the provisional measures in favor of these persons.
10.
That problems relating to detention centers require medium and long-term
actions to adapt their conditions to the corresponding international standards.
However, the States have the obligation to deploy immediate actions that guarantee
the physical, mental and moral integrity of the inmates, as well as their right to life
and their right to enjoy the minimum conditions for a decent life, especially in the case
of children, who require special attention from the State.4
11.
That the Court considers it necessary that the State implement and adopt,
immediately and effectively, all necessary measures to ensure the full exercise of the
rights to life and personal integrity of the adolescents interned in the Tatuapé
Complex. To ensure that facts such as those described are not repeated, it is not
enough for the State to adopt certain measures of protection; these measures must be
effective and be implemented effectively.
12.
That the Rapporteur on the Rights of Persons Deprived of Liberty of the InterAmerican Commission verified personally the deficient conditions of hygiene and
health, and also the overcrowding in the Tatuapé Complex, and received the testimony
of several young inmates about the acts of violence that have occurred there (supra
Having seen paragraph 6).
13.
That the representatives have advised that they continue to encounter
difficulties to enter the detention units of the Tataupé Complex of the CASA
Foundation, and also that the State has not invited them to take part in the process of
planning and implementing these provisional measures.
14.
That the State must take all pertinent measures to ensure that the measures of
protection are planned and implemented, when applicable, with the participation of the
representatives and, in general, must keep them informed about progress in their
implementation.
15.
That the representatives reiterated that the State must investigate the deaths
and complaints of torture and mistreatment promptly and effectively, ordering the
dismissal of all the officials involved and administrative and criminal sanctions.
16.
That the Commission indicated that the State has failed to make any mention of
possible investigations or sanctions for the reported acts of violence that were
perpetrated by the CASA Foundation agents against the children and adolescents
deprived of liberty.
tenth considering paragraph, and of July 4, 2006, tenth considering paragraph; Case of the “Juvenile
Reeducation Institute”. Judgment of September 2, 2004. Series C No. 112, para. 160.
Cf. Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional measures, supra note
1, seventeenth considering paragraph; the matter of the Monagas Judicial Detention Center (“La Pica”).
Provisional measures, supra note 1, nineteenth considering paragraph; Matter of the Children Deprived of
liberty in the “Complexo do Tataupé” of FEBEM. Provisional measures, supra note 2, twelfth considering
paragraph.
4
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos